Common use of Specific Performance; Remedies Cumulative Clause in Contracts

Specific Performance; Remedies Cumulative. Each party agrees that (A) Partners would incur irreparable harm if any provision herein were not performed by the Stockholder in accordance with the express terms hereof, (B) there would be no adequate remedy at law for Partners with regard to any breach or violation of any provision herein and (C) accordingly, in addition to any other remedy to which Partners may be entitled at law, in equity, contract or tort or otherwise, Partners shall be entitled to (x) an injunction or injunctions to prevent any breach or threatened breach of this Agreement and (y) enforce specifically the performance of the terms and provisions herein. The Stockholder waives any (I) defense in any action, dispute, claim, proceeding, litigation or other controversy for specific performance that a remedy at law would be adequate and (II) requirement under any applicable Law to post security or a bond as a prerequisite to obtaining equitable relief. The Stockholder will not, and will direct its Representatives not to, object to Partners seeking an injunction or the granting of any such remedies on the basis that Partners has an adequate remedy at law. If any legal action or other proceeding relating to this Agreement or the transactions contemplated hereby or the enforcement of any provision of this Agreement is brought by any party against the other party, the prevailing party in such action or proceeding shall be entitled to recover all reasonable and documented costs, fees and expenses relating thereto (including reasonable attorneys’ fees and expenses and court costs) from the other party, in addition to any other relief to which such prevailing party may be entitled.

Appears in 3 contracts

Samples: Agreement and Plan of Merger (LINKBANCORP, Inc.), Voting and Support Agreement (Parmer George), Voting and Support Agreement (LINKBANCORP, Inc.)

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Specific Performance; Remedies Cumulative. Each party agrees that (A) Partners PFIS would incur irreparable harm if any provision herein were not performed by the Stockholder Shareholder in accordance with the express terms hereof, (B) there would be no adequate remedy at law for Partners PFIS with regard to any breach or violation of any provision herein and (C) accordingly, in addition to any other remedy to which Partners PFIS may be entitled at law, in equity, contract or tort or otherwise, Partners PFIS shall be entitled to (x) an injunction or injunctions to prevent any breach or threatened breach of this Agreement and (y) enforce specifically the performance of the terms and provisions herein. The Stockholder Shareholder waives any (I) defense in any action, dispute, claim, proceeding, litigation or other controversy for specific performance that a remedy at law would be adequate and (II) requirement under any applicable Law to post security or a bond as a prerequisite to obtaining equitable relief. The Stockholder Shareholder will not, and will direct its Representatives not to, object to Partners PFIS seeking an injunction or the granting of any such remedies on the basis that Partners PFIS has an adequate remedy at law. If any legal action or other proceeding relating to this Agreement or the transactions contemplated hereby or the enforcement of any provision of this Agreement is brought by any party against the other party, the prevailing party in such action or proceeding shall be entitled to recover all reasonable and documented costs, fees and expenses relating thereto (including reasonable attorneys' fees and expenses and court costs) from the other party, in addition to any other relief to which such prevailing party may be entitled.

Appears in 3 contracts

Samples: Agreement and Plan of Merger (FNCB Bancorp, Inc.), Voting and Support Agreement (Denaples Louis A), Voting and Support Agreement (FNCB Bancorp, Inc.)

Specific Performance; Remedies Cumulative. Each party agrees that (A) Partners LINK would incur irreparable harm if any provision herein were not performed by the Stockholder in accordance with the express terms hereof, (B) there would be no adequate remedy at law for Partners LINK with regard to any breach or violation of any provision herein and (C) accordingly, in addition to any other remedy to which Partners LINK may be entitled at law, in equity, contract or tort or otherwise, Partners LINK shall be entitled to (x) an injunction or injunctions to prevent any breach or threatened breach of this Agreement and (y) enforce specifically the performance of the terms and provisions herein. The Stockholder waives any (I) defense in any action, dispute, claim, proceeding, litigation or other controversy for specific performance that a remedy at law would be adequate and (II) requirement under any applicable Law to post security or a bond as a prerequisite to obtaining equitable relief. The Stockholder will not, and will direct its Representatives not to, object to Partners LINK seeking an injunction or the granting of any such remedies on the basis that Partners LINK has an adequate remedy at law. If any legal action or other proceeding relating to this Agreement or the transactions contemplated hereby or the enforcement of any provision of this Agreement is brought by any party against the other party, the prevailing party in such action or proceeding shall be entitled to recover all reasonable and documented costs, fees and expenses relating thereto (including reasonable attorneys' fees and expenses and court costs) from the other party, in addition to any other relief to which such prevailing party may be entitled.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Partners Bancorp), Voting and Support Agreement (Partners Bancorp)

Specific Performance; Remedies Cumulative. Each party agrees that (A) Partners would incur irreparable harm if any provision herein were not performed by the Stockholder in accordance with the express terms hereof, (B) there would be no adequate remedy at law for Partners with regard to any breach or violation of any provision herein and (C) accordingly, in addition to any other remedy to which Partners may be entitled at law, in equity, contract or tort or otherwise, Partners shall be entitled to (x) an injunction or injunctions to prevent any breach or threatened breach of this Agreement and (y) enforce specifically the performance of the terms and provisions herein. The Stockholder waives any (I) defense in any action, dispute, claim, proceeding, litigation or other controversy for specific performance that a remedy at law would be adequate and (II) requirement under any applicable Law to post security or a bond as a prerequisite to obtaining equitable relief. The Stockholder will not, and will direct its Representatives not to, object to Partners seeking an injunction or the granting of any such remedies on the basis that Partners has an adequate remedy at law. If any legal action or other proceeding relating to this Agreement or the transactions contemplated hereby or the enforcement of any provision of this Agreement is brought by any party against the other party, the prevailing party in such action or proceeding shall be entitled to recover all reasonable and documented costs, fees and expenses relating thereto (including reasonable attorneys' fees and expenses and court costs) from the other party, in addition to any other relief to which such prevailing party may be entitled.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Partners Bancorp), Voting and Support Agreement (Partners Bancorp)

Specific Performance; Remedies Cumulative. Each party agrees that (A) Partners FNCB would incur irreparable harm if any provision herein were not performed by the Stockholder Shareholder in accordance with the express terms hereof, (B) there would be no adequate remedy at law for Partners FNCB with regard to any breach or violation of any provision herein and (C) accordingly, in addition to any other remedy to which Partners FNCB may be entitled at law, in equity, contract or tort or otherwise, Partners FNCB shall be entitled to (x) an injunction or injunctions to prevent any breach or threatened breach of this Agreement and (y) enforce specifically the performance of the terms and provisions herein. The Stockholder Shareholder waives any (I) defense in any action, dispute, claim, proceeding, litigation or other controversy for specific performance that a remedy at law would be adequate and (II) requirement under any applicable Law to post security or a bond as a prerequisite to obtaining equitable relief. The Stockholder Shareholder will not, and will direct its Representatives not to, object to Partners FNCB seeking an injunction or the granting of any such remedies on the basis that Partners FNCB has an adequate remedy at law. If any legal action or other proceeding relating to this Agreement or the transactions contemplated hereby or the enforcement of any provision of this Agreement is brought by any party against the other party, the prevailing party in such action or proceeding shall be entitled to recover all reasonable and documented costs, fees and expenses relating thereto (including reasonable attorneys' fees and expenses and court costs) from the other party, in addition to any other relief to which such prevailing party may be entitled.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (FNCB Bancorp, Inc.), Voting and Support Agreement (FNCB Bancorp, Inc.)

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Specific Performance; Remedies Cumulative. Each party agrees that (A) Partners LINK would incur irreparable harm if any provision herein were not performed by the Stockholder in accordance with the express terms hereof, (B) there would be no adequate remedy at law for Partners LINK with regard to any breach or violation of any provision herein and (C) accordingly, in addition to any other remedy to which Partners LINK may be entitled at law, in equity, contract or tort or otherwise, Partners LINK shall be entitled to (x) an injunction or injunctions to prevent any breach or threatened breach of this Agreement and (y) enforce specifically the performance of the terms and provisions herein. The Stockholder waives any (I) defense in any action, dispute, claim, proceeding, litigation or other controversy for specific performance that a remedy at law would be adequate and (II) requirement under any applicable Law to post security or a bond as a prerequisite to obtaining equitable relief. The Stockholder will not, and will direct its Representatives not to, object to Partners LINK seeking an injunction or the granting of any such remedies on the basis that Partners LINK has an adequate remedy at law. If any legal action or other proceeding relating to this Agreement or the transactions contemplated hereby or the enforcement of any provision of this Agreement is brought by any party against the other party, the prevailing party in such action or proceeding shall be entitled to recover all reasonable and documented costs, fees and expenses relating thereto (including reasonable attorneys’ fees and expenses and court costs) from the other party, in addition to any other relief to which such prevailing party may be entitled.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (LINKBANCORP, Inc.), Voting and Support Agreement (LINKBANCORP, Inc.)

Specific Performance; Remedies Cumulative. Each party agrees that (A) Partners Parent would incur irreparable harm if any provision herein were not performed by the Stockholder in accordance with the express terms hereof, (B) there would be no adequate remedy at law for Partners Parent with regard to any breach or violation of any provision herein and (C) accordingly, in addition to any other remedy to which Partners Parent may be entitled at law, in equity, contract or tort or otherwise, Partners Parent shall be entitled to (x) an injunction or injunctions to prevent any breach or threatened breach of this Agreement and (y) enforce specifically the performance of the terms and provisions herein. The Stockholder waives any (I) defense in any action, dispute, claim, proceeding, litigation or other controversy for specific performance that a remedy at law would be adequate and (II) requirement under any applicable Law to post security or a bond as a prerequisite to obtaining equitable relief. The Stockholder will not, and will direct its Representatives not to, object to Partners Parent seeking an injunction or the granting of any such remedies on the basis that Partners Parent has an adequate remedy at law. If any legal action or other proceeding relating to this Agreement or the transactions contemplated hereby or the enforcement of any provision of this Agreement is brought by any party against the other party, the prevailing party in such action or proceeding shall be entitled to recover all reasonable and documented costs, fees and expenses relating thereto (including reasonable attorneys’ fees and expenses and court costs) from the other party, in addition to any other relief to which such prevailing party may be entitled.

Appears in 2 contracts

Samples: Voting and Support Agreement (Partners Bancorp), Voting and Support Agreement (Oceanfirst Financial Corp)

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